Michigan Roadwork Halted by Labor Dispute

Payments in the construction industry are already an issue for many material suppliers and others lower on a project's supply chain without any help from outside factors. Weather is a major player in the construction sector, and it will likely rear its ugly head in the coming days and weeks with Hurricane Florence; however, there's another aspect a...
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Protect Your Lien Rights Before the Project Begins

Claims of lien are common issues in any construction dispute. Filing claims of lien can often be complicated and sometimes tricky, especially for contractors and subcontractors performing work in multiple states. Although lien law varies greatly from state to state, several states in the Southeast have specified certain steps that parties must take...
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Illinois Governor Vetoes Retainage Reform Bill

Illinois Governor Bruce Rauner vetoed Senate Bill 3052, commonly known as the retainage reform bill, on Aug. 24. This bill was drafted and supported by the subcontractors lobby, was only mildly embraced by the general contractors lobby and was opposed by the private owners and developers lobby. It would have established a cap on retainage and manda...
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Three Parties Required to Be Served

Filing for mechanics' liens across different states has its caveats, and each set of rules varies from state to state, often with unpleasant surprises. When extending credit through multiple state lines, assumptions serve no purpose as the laws cannot be predicted. In at least three states in the U.S., a total of three parties must be served prelim...
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Hurricane Season and Disaster Preparedness: Review Your Construction Contracts Now, Not After the Storm

The Gulf Coast hurricane season runs from June 1st to Nov. 30th each year. Because this is a known risk, many businesses prepare emergency response plans to mitigate risks to persons and property, but many of those same businesses are not prepared to mitigate economic risks arising from ongoing construction projects. As we approach the one-year ann...
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New Jersey Expands P3 Opportunities

New Jersey has enacted legislation that greatly expands the pool of public agencies authorized to enter into public-private partnerships (P3s) for capital projects in the state, in order to address growing infrastructure needs. Only public colleges and universities were authorized to use P3s in New Jersey prior to Gov. Phil Murphy signing Senate Bi...
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Don’t Fail to Stay Mechanic's Lien Action While Pursuing Arbitration

In Von Becelaere Ventures, LLC v. Zenovic, Case No. D072620 (June 6, 2018), James Zenovic, doing business as James Zenovic Construction, entered into a construction contract to build a single-family house for Von Becelaere Ventures, LLC in Laguna Beach, California. The construction contract included an arbitration provision that stated: If any disp...
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Cement Suppliers and the Need to ‘Go Green’

The cement industry thrived this past year and is expected to continue to succeed moving forward. According to a study published by Science Direct, the global production of cement reaches about 2.8 billion tons each year and is expected to reach about four billion tons in the upcoming years. Cement remains a key component for building homes on a gl...
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Sub-subcontractor Loses Mechanic's Lien Rights

A recent decision from the Iowa Court of Appeals highlights a significant trap for contractors working on commercial construction. LM Construction, Inc. vs. HGIK Hospitality, LLC, began when property owner HGIK Hospitality (HGIK) hired general contractor DDG Construction (DDG) to build a commercial hotel in Ames. DDG hired subcontractor ESC, LLC (E...
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Sub-subcontractor Loses Mechanic's Lien Rights

A recent decision from the Iowa Court of Appeals highlights a significant trap for contractors working on commercial construction. LM Construction, Inc. vs. HGIK Hospitality, LLC, began when property owner HGIK Hospitality (HGIK) hired general contractor DDG Construction (DDG) to build a commercial hotel in Ames. DDG hired subcontractor ESC, LLC (E...
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